The Sun. — London, England, 1818-07-27 00:00:00

EAST INDIA \TELLIGENCE. A nn , nber u•: the 4sinlie Mirror (ptiblisit C4fentta) ot the `2s?h of Fdnuary contains the following intelligence : FROM 1 COR it ESPotiDE'NT. Camp,' liawurl, .Jan • 31. " I litive the pleasure to give you a coirect de tail of the attacks Ott the two Ca 111 111 of Jll , l,Vtlllt n , 4 nil,' iv, and he assault of the fortified tovtti t dj Jha-cvild Ou the 29th inst ant. " Ai to the nriinal causes of the rupture whit the 11!)ow, we are not fully in possession of them, further that) his refusal to give up the Pindarree Chiefs ; shiltiuz and underhand conduct when he received the determinations of the Commis slime'', Captain Caulfield ; and bis alteruattly showin;f every inclination to non-compliance with the terms of the Treaty with Sciudialt his master, mud every disposition to oppose by force the SIMI of Alajor-General lit own. " After the Mow havituz had from the 25th to the 28th at noon to to:ske up his miud to the terius of the Treaty, lirahminieal like, hue stood our, unfortunately for himself and master, too late. " On the morning of the 29th it was observed that the Bhow's camp, Wi tour gnus, south of the town, were moving off, when the piglet of the 3d cavalry, and a stria/Iron of that regiment under Captain Swindell, Lieutenants C. C. Smith and Hester, %vete ordered down to remonstrate, 'Mien they wet e received by a round fr not the guns, which brought down to . their alit the whole of that gallant tegimeot tinder Captain Hoffges, who cot up a' considerable noinher, and the cm ps pursued, until recalled, with Colonel Newberry, late Brigadier. " On'the first gun being fired, Commanding Offi cers of Corps withont orders desired their men to get tinder arms, whicb was fortunate, as. when the line was ordered out, they were ready, and the I t battalion Ist regiment, under the command of Major Bellingham, was desired to saiove.down - towards the tiring, with the European !Rose ar sillery, galloppers, and pioneers, under Captain Biegs, Lieotenansts Mathison, Kemp, and Earl, of the latter cords. " 'the above-mentioned four guns were soon cleared, and. as the enemy had commenced hosti lities, preparations were , immediately made -to !toll+ the town. The Ist Batt. Ist regiment moved down to a first position, while some ()ego timions were going forward (in which Captain Sadler, of his Majesty's 47th regiment, with the Commissioner, showed hi gallantly and activity) with the town; hit at intervals they kept up a smart fire of matchlocks and gingals. At one pe riod it was said the Bhow had agreed to all the terms, and to give up the town, but a smart fire from the walls proved the contrary. The Ist bat taliou Ist Native !oratory moved clown as close as possible to the walls of time town, availing them selves of the advantages of the ground out their part The 12- pounders moved to the right to enfilade it, and sisfi-pounders dots n the lett of r he Ist battalion Ist regimeime of Native Intaotrv, for the same purpose. hue Staff were statioued near a tomb, het‘veen, and in rear a little ot, the hat talioo and .1 2-poander's. The Ist gretmadier pai!v, , muter Captain Eugleton, W:ls ordered in advance wirb the 12-pounders, to blow open the gate : afterwards Lieut. Maltby was ordered tip with a battalion company; Captain Tarp, -c.oin nmanOine the 241greuaoi,rs, with Lienr.ilaeson, was ordered to the lett of the battalion, and moved forward to create divetsiou tor. the gate way. The halo comp toy, tinder Lieots. Dyson Rod George Hickman, were ordered to keep on a fire at. the 'calls, and cover the advancing party. Lieutenant John Hickman and LieuttnatioOliver were oidered, with their companies, to'clear the walls to the tight and left on vutering the town, and the whole to he ready to advance to the gate way when ordered, which was done in the most gallant manner; and the ga'e being blown o p e n only to a jar, the whole of the Ist battalion -Ist Native Infantry were in ne a tly .together, The 4th cavalry, with the 2d Ito !,ilia Morse, the former tooter Captain Ridge, the latter tower Lieut. Tomer, were ordered to proceed against a camp north-west of the town, with six wins, sur roondad by a linflah, and ata in by a 5111 , 111 They were received as the 3il cavalry had been on the south-side, and clashed in, its high style, on the enemy, carrying three guns, and cutting imp ti great number of them. The whole of these handsome enterprises have been executed nearly at the same time, with a small loss, considering the service, which can only be imputed to the gal lantry of the troops, and the advantages perchance which the ground afforded. Hint what does infi nite credit to the troops engaged is, that not an outrage, or an act of pillage, took place in the tow!' alter it was camried, agreeably to previous orders. The Bhow's horse was taken possession 01, and it is hoped and expected that the whole of this division will receive his property as prize money, agreeable to the last treaty with Sci;oliab, for the handsome services they have pertornied. The European horse artillery, Under Lieutenant Mathison, deserves all praise that can he be stowed on them ;in fact, not an officer or sokiiee but deserves the encomiums which have been be stowed on them. The writer of this, an eve-wit ness to the whole of the movements (nearly) south of the town, and mita( lie did not sue he has authentic reports of, retriecs that any inac curacy, herein may he rectified, as his anaimis wish is to give the plain matter of facts, oripre judieed and impartially, which should lie the first pritciple of a soldier, as midue praise most dis gust as much as the want of it, when honourably earned, mast irritate, if not depress, the totule _exertions of the gallant soldier.7* 4( .-/.qa!ie Otirror, Feb. 25. " Lrrtcrs have been received from the he td rs of the Cram' ot the tOth inst. Their contents are not Nanithir Khan has given op to its his horses mid and he ;Ind his followers are said to be in' the most utetched plight. Fir two days previons to snrrendeang himself lie had eaten nothinz, and was Rterally starviive. ft-appears Ciat Major Clarke had caused them greater los4 . tha.rt he had himself reported. It was-the choice troops of the two nurralis .5! ) .,, t t ie a tt ac t o . i i, ll , ; ,l iwonbers ottlic Wound e d h a d di e d ig the after the is also Misted, that the surprise of thectoo by Cols lie:ith was more iniPortant than at fi rs t i ma . Khuretni Khan was cults r dead or dviniz; he wls left Pit a !Pigott scry ill, and nothing out,re liaS bier. heard ul Li to ESSEX SUMMER (Before Mr. Serjeant Lens and-a Speci a l jury.) ABUSE OF ExTENTs IN AID. PHILP iT U MoETLoCK ANI) OTHERS. It will be recollected dolt this important case was flied at the last Assizes for this County, be'- fore Mr. Baron Wood, wheu a verdict was found for the plaintiif, with damages to the amount of 12001. Oo that occasion Mr. Serjeant Onslow, with whom was Mr. Marryait and Mr. Barne well, conducted the defendant's case with great ingenuity and eloquence, In Easter terra the I!ciend,nt moved for a new trial, on the ground of all alleged misdirection of the Learned Judge in point of law, and last tern the ride was matte disolioto The case was now brought dote!) for second tried, the defendant having enlisted to .a aid of his already powerful legal fortes the enri lICIit talents of 3,1 r. Serjeaut Best, oho was brrlOgilt down by a special retainer of three lin , Bred guineas. '!'he declaration stated, that the defendant, Frederick Cheethani Alortlock, had Maliciously, and without any reasonable or probable . cause, made an affidavit before Sir George Wood, one of the Barons of the Exchequer, that he and his parititos were debtors to the, King, and that the plaintiff was indebted to them in the soar of 6601 with lawful interest ; that the plaintiff was in failing circumstances ; that unless some extra ordinary measure was adopted to compel the pay• ment of the said money, they would be the less able to satisfy the King's debt. That in conse quence of this affidavit, they sued out a writ di rected to the Sheriff of Essex, by which lie was directed to take the plaintiff by his body, Rad to distrain his lands and his goods, and cater them into the hands of our Lord the King. That the Sheriff did accordingly execute the said is tit , and dirt cater the lands, goods, and chattels of the plaintiff into the King's hands, by reason whereof the plaiteiii was put to a great deal of inconveni ence, euffered much in his credit, and was greatly injured in his eirctunstances. The defendant pleaded n o t guilty, upon $11:1C11 issue was joined. Goes a , with whom was Mr. D. Pollock and Mr. Wailord, stated the plaintiff's case in a very eloquent and impres s ive speech. The Learned Counsel, though previously exhausted in the conduct of a very long watercourse cause, exerted an incredible degree of energy in the Ma nagtoneut of this most important case, lie said that the plaintiff, by this action, complained of one of the most grievous injuries for which a man could conic into a Court of Justice to seek re dress. The plaintiff resided at Thaxted, in this county, was a farmer and ntultster, and had a wile and eight children depending upon hien for support. He had formerly been in very respect able circumstauces, and maintained his family with et edit and comfort ; but in const (police of the conduct of the defendants, instead of being what he had been, lie was now a ruioed man, all his prospects in life were blighted, his business ; • destroyed, and himself and his family turned out house and hOme ; and for the last two years ; and upwards had been unable to do any thing for the maintenance of those dear pledges for whose sake alone lite was valteable. The defendants, M.essrs. Nlortlock, could not he unknown ro the jury; they were persons of great we a lth and id. tlitenre ; they were bankers at Cambridge arid -at Bishop's-Storford, and :o their character of banker s they united that of Receivers-General of his Majesty's taxes in the comity of Cambridge, for the due discharge of which office they etotve cut ity to the Crown to the amount of 90 0001. Of the legality of extents itt aid he (Mr. G ) lii not mean to complain ; but it became a waiter of very serious consideaation with the legislature, whethei.a country-banker, nailing the aionnel nos- characfers of !milker and receiver of the King's taxes, should any longer be permitted to sue out the King's prerogative pracesQ, not for the pur pose of justice, but for the purpose of oppression and i n jasti e e. This power of suing out extents in ai•l was tine which ought to be viewed with the utmost jealousy, when placed iu such hands, con sidering to ‘‘ hat mischievous purposes it might be %%as a power the most mischievous, roasinuch as it might he used to the total ruin Of the most innocent and deserving nian ; hurling destraclion on all sides, and idastiiig every hope of recovering front its pestilential effects. The plaiii tia bad banked ivith the defendants, and in two year Ijls he had Overdrawn his account, and be came their debtor to the Homan( of about G or. 7001. and they wete desirous of some security for their debt. The defendants well knew the cir cumstances of the times ; they knew the deprecia tion of agticultural property, and they knew thaf at that time it was impossible for a man, however solveot he might he in his circumstances, to make his property ay.ilable to satisfy present demands.' The plaintiff at that time had considerable pro perty ; he (Wiled on a very extensive busioess as a homer and maltster, and - he had landed estates, upon which there was then a small mortgage' of 3001. In consequence of anotpplication made by the defendants to the plaintiff, he signed an agree.; ment, whereby he undertook to give them a hinol and mortgage, to secure their debt, upon his Minded and other property. To catty this agree ment into elf •ct, some time would necessarily be oecupied. It was therefore-agreed, that in the in terim the plaintiff should give a promissory note for the debt, parible on demand. Accordingly, on 16th March, 1815, the promissory note was signed.— The agreement, it should be recollected, was for a bond and mortgage, and nu more. After the execution of the agreement, the plaintiff's attor ney prepared an abstract of the title to the real property, which was sent to the defendant's attor ney, to enable him to complete the bond and tnort eatee• In this state matters remained until the 6th August following, when the securities being prepared, the parties and their attornies met to • gether for the purpose of having them executed. Alta Mortlock did not himself attend, but he ap peared by his attorney. On that occasion, the latter produced a warrant of attorney, which' the plaintiff was called upOti to execute as a further security for the debt, although that had not been stipulated for in the. agreement entered into in ;.larch. However, the plaintiff did not hesitate - to execute all the flute securities, namely. the b on d, mortgage, and tvarrant of attorney. These:, iestruments having been does executed. the plain tff %ety naturally demanded - i t promis s ory note hark again. It was not, however, then forth- - coming, but it was peoMlied to be delivered up by Mr. Mortlock's agent, Mr. Howard, iii eight . or ten .days ;. but it never was in fact given op.. In the month of March, ISI7, the plaintiff was busily occupied in preparing his farm for seeding,; coofident that he was perfectly secure from any pecuniary embarrassment, in consequence of the treble securities he had given, none of which could he put in knee before a terrain. time, when h e would be in a condition to pay off the mort gage, and get tic) of his liability to the defend-• ants. But, whilst be eras thus teposing in secu; city, an officer came down of a sudden from Lon don, with an extent from tile crown, at the suit of Messrs. Mortlock, founded upon the very pro. utiasto y note which they had positively promised to deliver up, but which they dishototorabty with held for the base purpose to which it nets applied. Niithing could exceed Mr. P.'s astooishmeut at this proceeding but his distress. It came upon him. like a thuoderbolt from heaven. Au extent in aid was certain ruin id the unhappy victim of its visitation ; it polluted all his popery ; no luau could help him or attempt to afford him re lict.; no to-gin could purchase his property, for th e crown must lee satisfied ; but an extent laid its t ang , upon ir, and h e ld it with such a grasp, that no relief cold be afforded. Had the affidavit, wpm' is hick this extent was founded, contained the whole truth, and nothing but the truth ? he :Mr. (L) was quite persuaded that the Learned Baron Wore whom it is as made !lever would have granted his fiat, and the ruin of this unhappy Idaho iff never Would haVe been accomplished.— He had wholly suppressed the fact of their having obtained the other securities, and they positively swore that they would he the less 'able to pay the crown debt unless the extent issued. There !sever was a more infamous transaction—never was there so base a complication of malice and avarice, for the purpose of bringing ruin and destruction upon on innocent man. The plaintiff, with that spirit which became an hottest man, determined not to be Crushed so easily, and therefore resisted the extent in the Court of Exchequer, and in the re sult, the Jury found a verdict against them, there by negativing the existence of any debt on which it could be founded; anti on that occasion the Lord Chief Baroo said, " This is another instance to bring extents in aid into disgrace." But it wanted no observation from so high an authority to shew the iuta!lly of this transaction. This,how ever, was not all ; ;mother ciremnstance remained to be added, to s hew the cold-blooded mdignit y of these defendants. Preparatory to the trial in the Court of Exchrqoet , Mr, Philpot's attorney waited upon Messrs. Mort lock to have the plain tiff's banking hook balanced. One of the clerks set about it immediately, when Mr. Frederick Mortlocli coming into the counting-house, asked. him what he was doing. The clerk told him, 1 1 when he immediately ordered him to erase the • entrie3 which he had just then made, and the or der was obeyed accordingly. The book was re tnrned to Mr. Berryman, the attorney, thus erased -; brit the erasures were -not so effectual as to deStroy the legibility of the fi a ures. It might have been expected that after the verdict iii the Court of Exchequer the defendants would have ,immediately withdrawn the extent. But no, the oilicer remained in possession until the warrant of at torney became due, and on that day the extent was Withdrawn, but the warrant of attorney was put in force. The plaintiff's furniture, and all his property, were sold off ; himself and his family were turned houseless and pennyless into the streets, exposed., to all the horrors of famine and want, and exposed to the inclemeoey of the season. Happily, through the Inonan:ty am! kindness of neighbours, the children were taken in am! pre vented from perish'ng for want, to which, but for such goodn ess,they must have been liable, through the unfeeling . and merciless conduct of the de fendants'. This was the plaintiff's case—this his honeat appeal to the justice of t teelve respectable men, in whose hands be coofidently rested his case—knowing that men of their rank and character would feel like men, and entertain a proper sense of the grievous injuries he had sus tained. They worth! consider the enormous ex pences to which he had been put by these pro ceedings—his loss of credit—the injury he had sits tained by the necessary neglect of his farm—the anxiety of his mi n. d, -and the affliction brought upon himself and his unhappy family. Their ver dict, whatever it might be, could never be a com plete reparation of the plaintiff's wrongs ; they were too. great for money to compensate ; but• they would, at all eveots, teach these pOrse proud oppressors, that an hottest and injored man could not appeal in vain to the justice of a British jury. Mr. Gatty, clerk in the Court of Exchequer, produced the extent, and the proceedings tinder it. Me. Bush, solicitor,• of Bishop's •Storford, proved that he was employed to prepare the pro missory note, the agreement, the warrant of at torney, and the other Loriiment mentioned in the opening. When the latter instruments were exe cuted, ,\lr. floward, the country solicitor for Mr. Mortiock, was present, and when asked for• the ptomissory note, he said he had it nor witli but he piornised to give it up•in eight or ten days. 'l•he note was made jointly by the plaint ill* and his father. Mr. Collis, a tailor and draper, anti friend of the plaint ,fr, was l►resetit at and e.itnessed the ex ecution of the mortgae at the Chequers at Dun mow. life heard Mr. llowdr.! promii"e to give up the niue. • Mr. Berryman, the plaintiff's solicitor, proved the - circumstance of one of the defendants di recting their clerk to erase the entries in the plaintiff's pass-book, as mentioned by Mr. Gur ney. Witn,esS's dethand for costs ry,ainst the plaintiff for journies, - "&c". - nbont this business, amounted to 951. The Rev. Mr. Jee, vicar of Thaxted, proved that fur eight years the plaintiff had been church warden of that parish, and bad been entrusted with the parish-moody to a considerable amount. He had the highest opinion of him as an honest, honourable, and respectable man. He consider ed bun as completely ruined in consequence of the extent in aid. .I.3eftqe that, he belivved him tu be perfectly solvent, and so komi an opinion 113 4 witness of him, that he would have lent hirfl an) money he Ivnnted. a Mr John LlarveT, Mr. Stephen .1' eaco s!'„ Jr.N Edward J arv i s , nvigirhours of the rhi nti " proved that h e h a d b orne t h e c h ara cter of A on, of credit,' previous to the issuing of the extent aid, and as such th e y wou ld h ave trusted 11411 t any extent within their power. prey ed Mr. Joseph Bright, a l an d-surveyor, be that the land mortgaged by the plaintiff 1 " ltif defendants was worth 2 or 3001. and IJJ house was worth 4 or 5001. Mr. Henry Clarke, who acted for the p l3;.nt , t 1 ' is the Coia' 111 1•011d011, in managing his defence is a Exchequer, proved that his costs amounted ('‘) 2041. of It appeared, upon cross-e xa mination of sottle a tine above witne ss es, th a t th e plaintiff, at t he 6111 J the extent issued, h a d t a k en a üblic-house, al`-'6 was going to carry on th e businpeis of a public° with that of a maltster. Mr. Setjeant BEST then, in an able and P ° : / , e is ; fol speech, addressed the Jury on behalf oi defendants, cotszending, that the single for their consideration was, whether the de)Th i ants had issued the ex te n t i n question - md.fi ci"5 ....." and without any r easona bl e or p ro bable ca use. Whether it w a s issued ma li c i ous ly was a nuli b te le tot- their determination, but as to the rea s°ll3- and probable cause, they must receive two of the Learned Judge ots that point. i f defendants had reasonable grounds for bel e "' es that the plaintiff was not in solvent circumstanclie at the time the extent was issued, they vc° aid „, e perfectly justified in their conduct. Tlwir ":t opinion upon this subject wou ld b e soffiriea - 0 .( 1 ) warrant the proceedings. he cetetlnin atiOn this point must depend upon Hu examination ra the plaiotiff's affairs at the time. _lt 11 1V eare . quite obvious, from the erideoce alreatly mined, that the plaintiff was not in a cond iti° o ' to pay all his debts, and therefore it could 11 ° L said that he was ruined by what the defenda had done. The question here was, not w hat N at' .,t the actual state of the plaintiff's affairs, bat 11 0 , the di tics was the opinion of the defendants respeetiog the w So far from any malicious motives being in l l" l" e st' to the defendauts, they had acted with the gre.0t...... kindness and forbearance towards the plail tt f l ;he' The writ of extent authorised the taking °' plaintiff's person as well as his property ; b ul i t t he stead of so doing, the defendants direete" t he Sheriff not to meddle with Isis person. 13 " . or osp strongest fact to thew the absence of malic e bet that the defendants, throughout this business; ate. acted under the advice of Mr. Nick, ° . f t he Temple, by whom the affidavit in suppor t ° duct' extent was framed. In point of law the cl o ' r it . of the defendants was perfectly justifiabl e ' t „ - • could not be said that the promissory n°'-rithe question bad merged in the other securities• utmost ground of complaint against the i a i t o ants was, that they had accelerated their c to three months earlier than they need strictiteir have done ; but throughout the whole of t . h er conduct they acted bona fi de, and without "'lit) express or implied malice. It would be P r°ve s s ioli' evidence, that the defendant had reason to °co, that the plaintiff was not in solvent circurli st2n acy at the time the extent issued ; that they loa " %c o ed under the advice of Counsel ; that tile re tiot ei' no promise to deliver up•the•prornissotY s et',. and that upon the whole, the defendants had ed without the slightest imputation ofmali ee ,, e o', Learned Serjeant, after a most eloqilent sr -t ut proceeded to call several witnesses in suPl 1 " ► .0 0 the defence set tip, amongst whom werefe-ok. thick, of the Temple; Mr. Trocr, the de rt i s Oo' - • ant's Solicitor ; Mr. Bond and Mr. Ste t ' e jr , ll Gentlemen connected with the Exci se lls, e Coates, a coal-merchant ; Mr. Elliott , Surveyor, &c. tts care Mr. GURNEY replied - upon the defencl ail ` with great eloquence and ability, 0 019 Mr. Serjeant LENS, in a lonsinOus a”d its t he' ' • summing up, left the question of mali ce , Jtol Jury ; and after a short deliberation, Ta ialje ° toned a verdict for the plaintiff—Dan -o g s Numbed Guineas. Oa lift The announcement of the verdict pro" „f the involuntary burst of applause from noolY"eti t. auditors in the Court, which was creovu excess in all parts. On ATOntlay John M‘DonalJ, who wgshtrrgh betore the High Court of Justiciary at figiilli..°dart, for robbery, and acquitted, going o ut of --Ite was arrested as a deserter froin the 95 : 1 i ' di went, and carried prisoner to the Police DaeADFut, ACCIDENT.—About one o'cluc-ilic, Friday afternoon, three men, employed i,narto chalk-pits at Otrham, near L etv 6, beloog di rjeo G. Shithier, Esq. M. P. were :tilled by ibeis" °l ( b eg g tall of large ngasqes of 'chalk, and se" r " • • were seriously hurt. BIRTHS. " Wife O f 14 On rlja Saturday, at Clay Hill, Beckenharn, th e tO ilf f Peregrine Courtenay, a dys) On the clad inst. at Runcorn, Cheshire, the James Bradshaw, It. N. of a daughter. • MARRIED. t isoo l , ,01 At Edinburgh, on the 0! st July, Robo t ' ',„, l' a, ) ' Madras Medical Eq ablishitient, to ' Maria flivl"l4,,ieolldr, daughter of the late Lieut.-Colon el Flint, 95th js 7 it °u' ei' On Saturday last, at Hammersmith, Erltotiof 001° • Esq. to Eliza, only daughter of Dr. Ando-son, ° smith. DIED. titer 1 1 ,,e 0" On Friday, the 24th inst. at Argyll House, O f t ,- Lndy Caroline Catherine Gordon, second chug of Dv* , le ° I , ° . f 6 \ r ! ri : t r i t e ic 1% 4 1) inst., at Gravesend, MIA; Poc °l ' ' ' wi bis iio 6 o e . Pocock, printer. On Friday, the 24th inst. Charles Lisle , E.4.l % .a it t ed 64. t 3°4 at Moylescourt, in the County of Southampo:ekancicn $ originalu'as tlle f l a t ItynaolfeLliiielier, of f n t i i i r t e i elasliedocsfcle‘t7lita,l'ift.ll t_ n cre cy ot , - Joo- rber i r At .Dondee, in CT 100th year of his ag°,.ni„g ati 0 104 native of Strathspey, and one of th e f e w Coral r tha t ;45 .,,.. of Prince Charles ‘ Stuart—having four u rid „, i e 'I) I ,,cl it ': to nate Prince during the whsle of the reb°"'"--,i4e; ' l . ' e d ti ,- yard °I I :, c 7 o ll o° ,Dig 1746. I-ht was hurried at the church company who attended his remains to the gra't-tlrs of ' beforeancient i e a fi a t ig i 1 1 , 1 8. 1 Highland drinking ebuusrtyoinntg_ogfroiliid. re,t, .............--,5p,,........................... - Of i c.',, .: LONDON: Printed by.). B. CARSTAIR.O, li i d i r r , i Ormond-street, Queen-square; awl Pi tta, at i-li Or' er*' SCRIPPS, of No. 7, South Molton-strece.,',oo Orlice, No. 112. Strand ; where Adrv lti , s e„ Utters, &c, (past-paid) must be a.ddcgsi' /2 I, A (. P 441 Ree l „ "Y,,; s o ; I' )1", 1 " o;